The State of California filed suit against the United States, the U.S. Department of Justice, the Attorney General, and the Assistant Attorney General for Civil Rights, challenging the Trump Administration’s effort to undermine state laws affirming the rights of transgender students. Specifically, California laws require that students be allowed to participate in school activities consistent with their gender identity. The Administration sought to invalidate these protections by sending letters to all California local education agencies that directed the agencies to certify that they would not enforce Bylaw 300.D because it violates the Equal Protection Clause by requiring "California public high schools to allow male participation in girls' interscholastic athletics." These letters were based on the Administration's position as outlined in Executive Order 14168 that "sex" protected in the Equal Protection Clause refers to "biological sex." California argues that these letters exceed federal authority and violate both the Spending Clause and the Administrative Procedure Act. The state requests declaratory and injunctive relief, vacatur of the letters, and attorneys’ fees.
